Bill Text: NY S00158 | 2015-2016 | General Assembly | Amended
Bill Title: Provides for the phase-out on varying time schedules of state use of various categories of pesticides on state property; provides that it does not apply to certain antimicrobial pesticides; requires the department of environmental conservation to adopt a pest management plan for every state department, agency, and public benefit corporation; provides for waivers and exemptions.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-04-29 - PRINT NUMBER 158B [S00158 Detail]
Download: New_York-2015-S00158-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 158--B 2015-2016 Regular Sessions IN SENATE (Prefiled) January 7, 2015 ___________ Introduced by Sens. SQUADRON, HASSELL-THOMPSON, HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Environmental Conservation in accord- ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to the phase-out of state use of pesticides The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature finds and declares 2 that pesticides are linked to a number of acute and chronic health prob- 3 lems and that it is therefore the policy of the state to phase-out 4 pesticide use by the government for many pest control purposes and to 5 adopt a pest control policy that substantially relies on non-chemical 6 pest control strategies. 7 § 2. Article 33 of the environmental conservation law is amended by 8 adding a new title 8 to read as follows: 9 TITLE 8 10 PHASE-OUT OF STATE 11 USE OF PESTICIDES 12 Section 33-0801. Definitions. 13 33-0803. Phase-out of state use of pesticides. 14 § 33-0801. Definitions. 15 As used in this title: 16 1. "Antimicrobial pesticide" means a pesticide that: (a) is intended 17 to disinfect, sanitize, reduce, or mitigate growth or development of 18 microbiological organisms; (b) is intended to protect inanimate objects, 19 industrial processes or systems, surfaces, water, or other chemical EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00997-04-6S. 158--B 2 1 substances from contamination, fouling, or deterioration caused by 2 bacteria, viruses, fungi, protozoa, algae, or slime; or (c) in the 3 intended use, is exempt from or otherwise not subject to, a tolerance 4 under appropriate provisions of federal law. 5 2. "Antimicrobial pesticide" does not include: (a) a wood preservative 6 or antifouling paint product for which a claim of pesticidal activity is 7 made; (b) an agricultural fungicide product; or (c) an aquatic herbicide 8 product. 9 § 33-0803. Phase-out of state use of pesticides. 10 1. Effective January first, two thousand eighteen, no state depart- 11 ment, agency, or public benefit corporation or any pesticide applicator 12 employed thereby as a contractor or subcontractor for pest control 13 purposes, shall apply on state property any pesticide classified as 14 toxicity category I by the United States environmental protection agen- 15 cy, or any pesticide classified as a known, likely, or probable human 16 carcinogen by the United States environmental protection agency, except 17 as provided for in subdivision four of this section. 18 2. Effective January first, two thousand nineteen, no state depart- 19 ment, agency, or public benefit corporation, or any pesticide applicator 20 employed thereby as a contractor or subcontractor for pest control 21 purposes, shall apply on state property any pesticide classified as 22 toxicity category II by the United States environmental protection agen- 23 cy, any pesticide classified as a possible human carcinogen by the 24 United States environmental protection agency, or any pesticide classi- 25 fied as restricted use by the United States environmental protection 26 agency or the department, except as provided in subdivision four of this 27 section. 28 3. Effective January first, two thousand twenty, no state department, 29 agency, or public benefit corporation or any pesticide applicator 30 employed thereby as a contractor or subcontractor for pest control 31 purposes shall apply any pesticide on state property, except as provided 32 in subdivision four of this section. 33 4. The provisions of subdivisions one, two, and three of this section 34 shall not apply to the following: 35 (a) pesticides otherwise lawfully used for the purpose of maintaining 36 a safe drinking water supply at drinking water treatment plants, waste- 37 water treatment plants, reservoirs, and related collection, distrib- 38 ution, and treatment facilities; 39 (b) antimicrobial pesticides; 40 (c) pesticides in contained baits for the purposes of rodent control; 41 and 42 (d) pesticides classified by the United States environmental 43 protection agency as exempt materials under 40 CFR 152.25. 44 5. On or before January first, two thousand eighteen, the department 45 shall adopt a pest management plan for every state department, agency, 46 and public benefit corporation. Such plan shall take effect on January 47 first, two thousand eighteen and shall be consistent with the provisions 48 of this title. Such plan shall address pest population monitoring, 49 least-toxic pesticides for use prior to January first, two thousand 50 twenty, and non-chemical pest control strategies for use after such 51 date, which will effectively manage pest problems in a comprehensive 52 manner. 53 6. Should any state department, agency, or public benefit corporation 54 determine that a human health emergency warrants the use of a pesticide 55 that would otherwise not be allowed under this title, it may apply for a 56 single-use waiver from the department of health. The department ofS. 158--B 3 1 health shall determine if such a waiver is warranted based on the 2 following criteria: 3 (a) the pest situation poses an immediate threat to human health; and 4 (b) viable alternatives do not exist (such a determination shall be 5 made in consultation with the Cornell cooperative extension service 6 integrated pest management program). 7 As a condition of approval, the department of health shall require a 8 commitment from every state department, agency, and public benefit 9 corporation that the underlying causes of the pest outbreak will be 10 addressed in order to prevent future outbreaks. 11 7. The following activities shall be exempt from the provisions of 12 this title: 13 (a) Pesticides used for agricultural research purposes at the state 14 university college of technology at Alfred, the state university college 15 of technology at Canton, the state university college of agriculture at 16 Cobleskill, the state university college of technology at Delhi, the 17 state university college of technology at Farmingdale, the state univer- 18 sity college of agriculture at Morrisville, the state university college 19 of technology at Utica/Rome, and the New York state statutory colleges 20 at Cornell, including the agricultural experiment station at Geneva and 21 its field offices. 22 (b) The use of rotenone and associated resins as a piscicide for 23 purposes directly related to the reclamation of freshwater water bodies 24 to prepare for the reintroduction of native species. Water treated with 25 rotenone shall not be used as potable water or for irrigation of crops. 26 § 3. This act shall take effect immediately.
